PROPERTY MUTATION

Published By The Daily Star on July 09, 2013 (Link Above)

This week Your Advocate is Barrister Omar Khan Joy, Advocate, Supreme Court of Bangladesh. He is the head of the chambers of a renowned law firm, namely, ‘Legal Counsel’, which has expertise mainly in commercial law, corporate law, family law, employment and labor law, land law, banking law, constitutional law, criminal law, IPR and in conducting litigations before courts of different hierarchies.

Query
My mother and three of her sisters got “ABCD” property from their brothers through a court’s decree in Jessore. In the decree, my mother’s name has been mentioned as “Salma X”. A mutation of the “ABCD” property was done in the name of all four of them. In the mutation paper, my mother’s name has been mentioned as “Salma X”.
Later, a mutual partition deed of “ABCD” property was initiated among all four of them, where my mother received “D” property and my three aunts “A”, “B” and “C” respectively. In the partition deed, my mother’s name—“Salma X”—and a reference number of her voter ID card has been mentioned. Afterwards, “D” property was mutated in her name “Salma X”.
It should be noted that my mother’s name has been mentioned as “Salma Y” in her voter ID card. Here “Y” is the last name of my father. Simply to say, she has been using the title of my father as her last name. “Salma Y” is now being used in her all banking transactions and other documents.
My mother is a voter of Dhaka and her voter ID card was prepared mentioning her permanent address in Dhaka. It should be noted that the court’s decree was initiated before the government prepared voter ID cards for its citizens. Mutual partition deed was initiated after the voter ID card had been issued by the government. However, my mother’s address in Dhaka has been shown in the court’s decree, mutual partition deed and the subsequent mutation papers.
Now, my mother is planning to make a gift (Danpatra) to three of her sons. As I know, it is mandatory to submit the voter ID card while preparing any transfer, therefore, will it create any problem to initiate the gift (Danpatra) of the “D” property to three of us using her name “Salma Y” instead of “Salma X”.
If it creates any problem, then what sort of steps we need to take. Pls advise.

Response
Thank you very much for your query. From your question, we understand that your mother along with your aunts has acquired a property and subsequently a partition deed was executed amongst her co-sharers. In the partition deed, your mother’s name has appeared as “Salma X” (maiden name) — and a reference number of her voter ID card has been mentioned. Afterwards, the property was mutated in her name “Salma X”.
However, your mother’s name has been mentioned as “Salma Y” (marriage name) in her voter ID card which was prepared after execution of the partition deed and after mutation. Here she has been using the title of your father as her last name. “Salma Y” is now being used in her all banking transactions and other documents.
It should be borne in mind that the difference in name cannot be considered as mistake or error as subsequently she used her marriage name instead of maiden name. Hence, it is not a big problem. Your mother should make a formal application to the concerned Assistant Commissioner of Land (Tahsil Office) with full details of the correction/addition she wishes to make along with stating the reason thereto. Here, with her existing name she can add another name that is Salma Y. For example, in every document your mother’s name should be written as ‘Salma X alias Salma Y’ instead of only ‘Salma X’. Once she will insert it in Mutation papers there will be no impediment to transfer the land to you by way of Declaration of Heba. However, in Deed of Declaration of Heba your mother’s name has to be written as Salma X alias Salma Y.  Please also note that any Deed of Declaration of Heba has to be mandatorily registered since 2005. After registration you shall mutate your respective names.

For detailed query contact: omar@legalcounselbd.com.